Other conditions decisions — 2001

The Board of Veterans' Appeals has remanded the case for further development and evaluation, including a VA examination to assess the veteran's service-connected disability.

The Board denied the appellant's claim for nonservice-connected VA death pension benefits due to a lack of legal entitlement under the law.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for venous insufficiency of the lower extremities, but it is not proximately due to or the result of his service-connected skin condition.

The Board denied the veteran's application to reopen his claim of entitlement to service connection for residuals of a left eye injury, finding that the evidence submitted was not new and material.

The Board has remanded the case to the RO for further development, including obtaining VA medical records and scheduling a VA examination. The veteran's claim for compensation under 38 U.S.C.A. § 1151 for T-7 anesthesia is being considered.

The veteran's failure to report his receipt of Social Security benefits led to an overpayment in pension benefits. The Board found that the veteran engaged in bad faith by not reporting this income, resulting in a denial of waiver of recovery.

The veteran's notice of disagreement with the May 1995 RO rating decision, determining that there was no new and material evidence to reopen the claim for service connection for somatization disorder, was received within the prescribed period and is considered as being timely filed.

The Board has granted the veteran's request for waiver of recovery of overpayment of VA pension benefits and also granted an earlier effective date for the nonservice-connected VA pension.

The Board denied a rating in excess of 20 percent for the veteran's residuals of left hand gunshot wound with ring finger shortening, as his disability did not meet criteria warranting an increased rating.

The Board denied secondary service connection for a right testicle disorder and dysphonia, as well as special monthly compensation based on loss of use of a creative organ.

The Board has determined that the veteran's amputation of the right great toe was caused by an infection acquired during VA treatment, and thus meets the criteria for compensation under 38 U.S.C.A. § 1151.

The Board has granted an effective date of August 15, 1991 for the award of a 70 percent evaluation for service-connected dysthymia with panic disorder.

The Board has determined that the veteran's claim of entitlement to service connection for blindness should be remanded due to new evidence submitted by the veteran and a need to consider the Veterans Claims Assistance Act of 2000.

The Board denied service connection for a glomus jugular tumor as secondary to exposure to toxic chemicals and herbicide agents (AO) due to lack of competent medical evidence linking the condition to active service.

The veteran's complaints of joint pain, numbness, and swelling in the left hip and right wrist were attributed to known diagnoses and are not related to service. The claim for service connection is denied.

The Board has dismissed the appeal as there is no justiciable case or controversy before it.

The Board has granted a 30 percent rating for the veteran's service-connected residuals of non-Hodgkin's lymphoma of the tongue, which includes xerostomia and speech impairment. The current rating is based on the permanent nature of these side effects.

The Board found no evidence of soft tissue sarcoma in service or post-service, and thus denied the claim for service connection as secondary to Agent Orange exposure.

The veteran is seeking an increased evaluation for his service-connected low back disability, spondylolisthesis at L5-S1. The RO has ordered a VA examination to assess the current extent of the disability and determine if separate ratings are warranted.

The Board has determined that the veteran's dysthymic disorder meets the criteria for a 100 percent disability evaluation. The May 1991 rating decision, which granted service connection and assigned a 30 percent disabling rating, is denied as there was no clear and unmistakable error (CUE).